Disability: Permanent Partial

Nielson v. State Fund [9/20/00] 2000 MTWCC 64 Under the 1993 version of the WCA, PPD claimant failed to prove that, after MMI, he had a medically determined physical restriction as the result of an injury which impaired his ability to work (§39-71-116(19), MCA). Having found claimant's subjective reports of pain not credible, the Court was not persuaded by expert opinions relying on those subjective reports, but credited other experts finding claimant's reports of disability without objective basis and refusing to place physical restrictions on claimant. Note: In Nielson v. State Compensation Ins. Fund, 2003 MT 95, the Supreme Court reversed and remanded, holding substantial evidence did not support the WCC's conclusion that claimant was not permanently, partially disabled.